Govt. of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
Directorate General of Export Promotion
Circular No. 22/2009-Cus
New Delhi, the 19th August, 2009
Sub: Use of duty free raw material for capital goods manufactured within EOU for
captive use-reg.
An Export Oriented Unit has represented regarding difficulties faced in grant of
exemption from Customs & Central Excise duty on raw materials common for
manufacture of both finished goods and capital goods (e.g. jigs, moulds, dies
etc) within the EOU for captive use.
- The issue has been examined. It is viewed that there may not be any
difficulty in allowing duty free import/domestic procurement of raw materials
common for the manufacture/production of finished goods as well as for the
manufacture of capital goods for use within the unit. The usage of inputs,
imported or procured domestically, for manufacture of finished goods is allowed
as per Standard Input Output norms (SION) [condition (d) (I) (ii) of opening
paragraph of
notification No. 52/2003-Cus dated 31.03.2003].
- Raw materials for making capital goods for use within the unit is allowed
vide Sl. No. 16 of Annexure-I of notification No. 52/2003-Cus dated 31.03.2003.
Capital goods manufactured out of duty free inputs for use within the EOU are
required to be accounted for and bonded as per the usual bonding procedure.
While following the into-bond procedure, the value of such capital goods woud be
assessed by following the computed value method in terms of the Customs
valuation Rules, which would inter alia account for the raw material captively
consumed in manufacture of capital goods. Such goods would be liable to duty as
applicable in case of clearance outside the unit or debonding or exit from EOU
scheme. Exemption from payment of duty of excise leviable under section 3 of the
Central Excise Act, 1944 vide
notification No. 24/2003-CE dated 31.03.2003 shall
not be applicable in such cases.
- Hence, it is clarified that the capital goods manufactured for captive use
should be accounted & bonded by following the usual procedure and shall be
liable for payment of duty while making clearances outside the unit or debonding
or exit from the EOU scheme.
- This issues with the approval of Central Board of Excise & Customs.
- Wide publicity may please be given to these instructions by way of issuance
of Public/Trade Notice. Difficulties, if any, in implementation of these
instructions, may be brought to the notice of the Directorate General of Export
Promotion.
- Receipt of this circular may kindly be acknowledged.
Yours faithfully
F.No.:DGEP/EOU/57/2009
(Praveen Mahajan)
Director General